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CA - CRIMINAL APPEAL

MAHAVIR PRASAD MISHRAVsSTATE AND ANR. +1 more

CNR DLND01000578202218-Additional Sessions Judge-04
CASE DISPOSED
Contested--DISPOSED
Decision Date: 04th September 2023

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
22/2022
Registration Date
22 Jan 2022

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Cr. P. C. · Sec 374

    Case History / Proceedings

    Case History
    Date: 22-01-2022
    Business: Fresh Criminal Appeal Received
    Next Purpose: Misc./ Appearance
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: for arguments
    Next Purpose: Arguments
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: adjourned
    Next Purpose: Arguments
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: B/W issued against appellant.
    Next Purpose: Arguments
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: for arguments
    Next Purpose: Arguments
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: for arguments
    Next Purpose: Arguments
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: for arguments
    Next Purpose: Arguments
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: for further proceedings
    Next Purpose: Arguments
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: adjourned for arguments
    Next Purpose: Arguments
    Next Hearing Date: 22-05-2023
    
    Date: 22-05-2023
    Business: Ld. PO is on leave today.
    Next Purpose: Arguments
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: for further arguments at 2pm
    Next Purpose: Arguments
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: for arguments on 5.8.23 at 2pm
    Next Purpose: Arguments
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: for arguments at 2pm
    Next Purpose: Arguments
    Next Hearing Date: 26-08-2023
    
    Date: 26-08-2023
    Business: for arguments
    Next Purpose: Arguments
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: Criminal appeal is disposed of as infructuos.
    Nature Of Disposal: DISPOSED
    Disposal Date: 04-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 231/2022
    Filing Date: 21-01-2022
    First Hearing Date: 22nd January 2022
    Decision Date: 04th September 2023
    Court Number And Judge: 18-Additional Sessions Judge-04

    Orders

    25
    Final Order 13Full order available
    04 Sept 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CA 15/2022 to 33/2022 MAHAVIR PRASAD MISHRA Vs. STATE AND ANR. 04.09.2023 Present: None for appellant. Sh. Ghanshyam, Ld. Substitute Addl. PP for the State. Sh. Akshit Mohan ld. counsel for respondent no. 2 through VC. As per record, the appellant is not appearing in the present matter for the last 6 dates. As per order dated 21.02.2023, the appellant is stated to have expired. Till date, none of the LRs of…

    Read Full Order
    Interim Order 12
    26 Aug 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    26.08.2023
    Present: None for appellant.
    Sh. Manoj Kumar Garg, Ld. Addl. PP for the State/
    respondent No.1.
    Ms. Akshita Katoch, Ld. Counsel for respondent No. 2,
    through VC.
    All the TCRs have been received.
    I am hearing arguments in ED bail case and witnesses
    are also required to be examined in a murder case. Therefore, no
    time left.
    List the matter for arguments on 04.09.2023.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    26.08.2023
    -- 1 of 1 --
    Interim Order 11
    05 Aug 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    05.08.2023
    Present: None for appellant.
    Sh. Akshit Mohan, Ld. Counsel for respondent No.2,
    through VC.
    Sh. Rajender, Ahlmad in the Court Sh. Anshul Singhal,
    Ld. MM (NI Act)-03, RACC, New Delhi, in person.
    It is informed that 10 TCRs have been received and
    scanning is still being carried out.
    Therefore, in these circumstances, list on 26.08.2023 at
    02:00 PM.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    05.08.2023
    -- 1 of 1 --
    Interim Order 10
    27 Jul 2023
    Order Details: COPY OF ORDER
    Interim Order 9Full order available
    24 Jul 2023

    Order Details: COPY OF ORDER Pdf Text: CA 15/2022 to 33/2022 MAHAVIR PRASAD MISHRA Vs. STATEAND ANR. 24.07.2023 Present: None for the appellant. Sh. Manoj Kumar Garg, Ld. Addl. PP for the State/R-1. Sh. Aaditya Vijay Kumar & Sh. Akshit Mohan, Ld. Counsels for R-2. While hearing arguments in Crl. Appeal No.15/2022 arising out of Complaint No. 8299/2019, it is noticed that in the cross-examination, while documents were being exhibited, the Ld. Trial Court Judge has noted that some of…

    Read Full Order
    Interim Order 8
    21 Feb 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    21.02.2023
    Present: None for appellant.
    Sh. Girish Kumar Manhas, Ld. Addl. PP for the
    State/Respondent No.1.
    Ms. Akshita Katoch, Ld. Counsel for respondent No.2.
    As per report on BWs, duly forwarded by Inspector
    Investigation, P.S. Barakhamba Road, the appellant has expired on
    08.02.2023.
    In these circumstances, let presence of LRs, if any, be
    awaited as the appeal would not abate considering that the order
    appealed against was one imposing fine as well as sentence of
    imprisonment.
    List the matter for arguments on 22.05.2023.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    21.02.2023
    -- 1 of 1 --
    Interim Order 7
    23 Jan 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE & ANR.
    23.01.2023
    Present: Ms. Mary Vimala Bai, proxy counsel on behalf of Sh.
    Manish Gandhi, Advocate for appellant.
    Sh. Girish Kumar Manhas, Ld. Addl. PP for the
    State/Respondent No.1.
    Sh. Akshit Mohan, Ld. Counsel for Respondent No.2.
    Counsel for the appellant has submitted that she wishes
    to withdraw her vakalatnama. In these circumstances, also
    considering that the amount of 20% of the fine amount directed to be
    paid by this Court has not been paid till date and no stay order has
    been produced till date by the appellant in the Revision pending
    before the High Court, as also that appellant is not present, BWs be
    issued against the appellant, returnable for 21.02.2023.
    Let Notice be issued to his surety for the said date.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    23.01.2023
    -- 1 of 1 --
    Interim Order 6Full order available
    12 Dec 2022

    Order Details: COPY OF ORDER Pdf Text: CA No. 15/2022 to 33/2022 Mahavir Prasad Mishra Vs. State 12.12.2022 Present : Sh. Bhishm Sharma, proxy counsel for Sh. Shripal Upadhyay, Ld. Counsel for appellant. Sh. Girish Kumar, Ld. Addl. PP for the State. Sh. Akshit Mohan, Ld. Counsel for respondent no.2. These are 19 appeals against separate orders of conviction. However, on the last date, a specific direction was given to supply copy of the appeal to the opposite side. However,…

    Read Full Order
    Interim Order 5
    19 Nov 2022
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    19.11.2022
    Present: Ld. Counsel for appellant.
    Sh. Girish Kumar Manhas, Ld. Addl. PP for the
    State/respondent No.1.
    Ms. Ayushi Kumar and Sh. Abhinandan Jain, Ld.
    Counsels for respondent No.2.
    It seems that after the stay of the order of sentence, the
    accused/appellant is not interested in pursuing the present appeal
    inasmuch as uptill date even the copy of appeal has not been
    supplied to the respondent.
    In these circumstances, cost of Rs. 5,000/- is imposed
    on the appellant in each case for having failed to supply copy of
    appeal to the appellant.
    It is made clear that in case copy is not supplied to the
    respondent, respondent’s counsel, within 07 days from today, the
    matter shall be heard and decided on the next date by this Court on
    the basis of the TCR subject to such further orders of cost as may be
    deemed appropriate.
    List the matter for arguments on 12.12.2022.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    19.11.2022
    -- 1 of 1 --
    Interim Order 4
    15 Oct 2022
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    15.10.2022
    Present: Sh. Shripal Upadhyay, Ld. Counsel for appellant.
    Sh. S.K. Kain, Ld. Addl. PP for the State/respondent No.1
    Ms. Akshita Katoch, Ld. Counsel for respondent No.2.
    Counsel for the appellant undertakes to supply copy of documents
    to the counsel for the contesting respondent.
    It has been informed that a revision has been filed against the order
    directing deposit of a 20% of the fine amount before the Delhi High Court and
    the same is listed on 18.10.2022.
    In these circumstances, list for arguments for 19.11.2022.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    15.10.2022
    -- 1 of 1 --
    Interim Order 3
    20 Sept 2022
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    20.09.2022
    Present: None for appellant.
    Sh. S.K. Kain, Ld. Addl. PP for the State/Respondent No. 1.
    Sh. Aneesh Sadhwani, Ld. Counsel for Respondent No. 2.
    Be awaited for appellant.
    (Harjyot Singh Bhalla)
    ASJ04/NDD/PHC/ND
    20.09.2022
    At 02:30 PM
    Present: None for appellant.
    Sh. S.K. Kain, Ld. Addl. PP for the State/Respondent No. 1.
    Sh. Aneesh Sadhwani, Ld. Counsel for Respondent No. 2.
    No one has appeared on behalf of appellant despite repeated
    calls.
    Accordingly, Issue BWs against the appellant in the sum of Rs.
    5,000/ and notice to his surety, returnable for 15.10.2022.
    (Harjyot Singh Bhalla)
    ASJ04/NDD/PHC/ND
    20.09.2022
    -- 1 of 1 --
    Interim Order 2
    19 Apr 2022
    Order Details: COPY OF ORDER
    Pdf Text: IN THE COURT OF SHRI ANIL ANTIL; ASJ 04, PHC, NEW
    DELHI
    CA No. 15/2022
    u/s 138 N.I. Act
    Mahavir Prasad Mishra Vs. The State & Ors
    19.04.2022
    Present : Sh. Shripal Upadhyay learned counsel for the
    appellant/convict.
    Sh. S.K. Kain, learned Addl. PP for the State/ respondent
    no. 1.
    Ms. Ayushi Kumar, learned counsel for Respondent no. 2.
    Learned counsel for the respondent no. 2 undertakes to file
    memo of appearance/vakalatnama during the course of the day.
    Learned counsel further submitted that he has not received
    the copies of the respective appeals.
    Appellant is directed to supply the copy of the same to the
    opposite counsel within two days from today and in addition to that
    copy of the same be also supplied through e mail.
    E mails have been exchanged between the counsels Reply, if
    any, be filed within six weeks from today with advance copy to the
    opposite side..
    Re notify for arguments/consideration on 01.08.2022 at 12.00
    noon
    TCR be requisitioned from the learned trial court one day prior
    to the NDOH.
    (Anil Antil )
    Addl. Sessions Judge-04,
    -- 1 of 2 --
    New Delhi District, Patiala House Courts
    New Delhi/19.04.2022
    -- 2 of 2 --
    Interim Order 1Full order available
    22 Jan 2022

    Order Details: COPY OF ORDER Pdf Text: IN THE COURT OF SHRI ANIL ANTIL; ASJ 04, PHC, NEW DELHI CA No. 15 to 22 of 2022 ( 19 Appeals ) CC no. /2019 u/s 138 N.I. Act Mahavir Prasad Mishra Vs. The State & Ors 22.01.2022 Matter taken up through Video Conferencing pursuant to the Notification / Order No. 896/RG/DHC/2021 dated 30.12.2021 and 1/RG/DHC/2022 dated 12.01.2022 recently issued by the Hon’ble High Court of Delhi in view of the sudden…

    Read Full Order
    Order 12
    26 Aug 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    26.08.2023
    Present: None for appellant.
    Sh. Manoj Kumar Garg, Ld. Addl. PP for the State/
    respondent No.1.
    Ms. Akshita Katoch, Ld. Counsel for respondent No. 2,
    through VC.
    All the TCRs have been received.
    I am hearing arguments in ED bail case and witnesses
    are also required to be examined in a murder case. Therefore, no
    time left.
    List the matter for arguments on 04.09.2023.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    26.08.2023
    -- 1 of 1 --
    Order 11
    05 Aug 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    05.08.2023
    Present: None for appellant.
    Sh. Akshit Mohan, Ld. Counsel for respondent No.2,
    through VC.
    Sh. Rajender, Ahlmad in the Court Sh. Anshul Singhal,
    Ld. MM (NI Act)-03, RACC, New Delhi, in person.
    It is informed that 10 TCRs have been received and
    scanning is still being carried out.
    Therefore, in these circumstances, list on 26.08.2023 at
    02:00 PM.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    05.08.2023
    -- 1 of 1 --
    Order 10
    27 Jul 2023
    Order Details: COPY OF ORDER
    Order 9Full order available
    24 Jul 2023

    Order Details: COPY OF ORDER Pdf Text: CA 15/2022 to 33/2022 MAHAVIR PRASAD MISHRA Vs. STATEAND ANR. 24.07.2023 Present: None for the appellant. Sh. Manoj Kumar Garg, Ld. Addl. PP for the State/R-1. Sh. Aaditya Vijay Kumar & Sh. Akshit Mohan, Ld. Counsels for R-2. While hearing arguments in Crl. Appeal No.15/2022 arising out of Complaint No. 8299/2019, it is noticed that in the cross-examination, while documents were being exhibited, the Ld. Trial Court Judge has noted that some of…

    Read Full Order
    Order 8
    21 Feb 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    21.02.2023
    Present: None for appellant.
    Sh. Girish Kumar Manhas, Ld. Addl. PP for the
    State/Respondent No.1.
    Ms. Akshita Katoch, Ld. Counsel for respondent No.2.
    As per report on BWs, duly forwarded by Inspector
    Investigation, P.S. Barakhamba Road, the appellant has expired on
    08.02.2023.
    In these circumstances, let presence of LRs, if any, be
    awaited as the appeal would not abate considering that the order
    appealed against was one imposing fine as well as sentence of
    imprisonment.
    List the matter for arguments on 22.05.2023.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    21.02.2023
    -- 1 of 1 --
    Order 7
    23 Jan 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE & ANR.
    23.01.2023
    Present: Ms. Mary Vimala Bai, proxy counsel on behalf of Sh.
    Manish Gandhi, Advocate for appellant.
    Sh. Girish Kumar Manhas, Ld. Addl. PP for the
    State/Respondent No.1.
    Sh. Akshit Mohan, Ld. Counsel for Respondent No.2.
    Counsel for the appellant has submitted that she wishes
    to withdraw her vakalatnama. In these circumstances, also
    considering that the amount of 20% of the fine amount directed to be
    paid by this Court has not been paid till date and no stay order has
    been produced till date by the appellant in the Revision pending
    before the High Court, as also that appellant is not present, BWs be
    issued against the appellant, returnable for 21.02.2023.
    Let Notice be issued to his surety for the said date.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    23.01.2023
    -- 1 of 1 --
    Order 6Full order available
    12 Dec 2022

    Order Details: COPY OF ORDER Pdf Text: CA No. 15/2022 to 33/2022 Mahavir Prasad Mishra Vs. State 12.12.2022 Present : Sh. Bhishm Sharma, proxy counsel for Sh. Shripal Upadhyay, Ld. Counsel for appellant. Sh. Girish Kumar, Ld. Addl. PP for the State. Sh. Akshit Mohan, Ld. Counsel for respondent no.2. These are 19 appeals against separate orders of conviction. However, on the last date, a specific direction was given to supply copy of the appeal to the opposite side. However,…

    Read Full Order
    Order 5
    19 Nov 2022
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    19.11.2022
    Present: Ld. Counsel for appellant.
    Sh. Girish Kumar Manhas, Ld. Addl. PP for the
    State/respondent No.1.
    Ms. Ayushi Kumar and Sh. Abhinandan Jain, Ld.
    Counsels for respondent No.2.
    It seems that after the stay of the order of sentence, the
    accused/appellant is not interested in pursuing the present appeal
    inasmuch as uptill date even the copy of appeal has not been
    supplied to the respondent.
    In these circumstances, cost of Rs. 5,000/- is imposed
    on the appellant in each case for having failed to supply copy of
    appeal to the appellant.
    It is made clear that in case copy is not supplied to the
    respondent, respondent’s counsel, within 07 days from today, the
    matter shall be heard and decided on the next date by this Court on
    the basis of the TCR subject to such further orders of cost as may be
    deemed appropriate.
    List the matter for arguments on 12.12.2022.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    19.11.2022
    -- 1 of 1 --
    Order 4
    15 Oct 2022
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    15.10.2022
    Present: Sh. Shripal Upadhyay, Ld. Counsel for appellant.
    Sh. S.K. Kain, Ld. Addl. PP for the State/respondent No.1
    Ms. Akshita Katoch, Ld. Counsel for respondent No.2.
    Counsel for the appellant undertakes to supply copy of documents
    to the counsel for the contesting respondent.
    It has been informed that a revision has been filed against the order
    directing deposit of a 20% of the fine amount before the Delhi High Court and
    the same is listed on 18.10.2022.
    In these circumstances, list for arguments for 19.11.2022.
    (Harjyot Singh Bhalla)
    ASJ-04/NDD/PHC/ND
    15.10.2022
    -- 1 of 1 --
    Order 3
    20 Sept 2022
    Order Details: COPY OF ORDER
    Pdf Text: CA 15/2022 to 33/2022
    MAHAVIR PRASAD MISHRA Vs. STATE AND ANR.
    20.09.2022
    Present: None for appellant.
    Sh. S.K. Kain, Ld. Addl. PP for the State/Respondent No. 1.
    Sh. Aneesh Sadhwani, Ld. Counsel for Respondent No. 2.
    Be awaited for appellant.
    (Harjyot Singh Bhalla)
    ASJ04/NDD/PHC/ND
    20.09.2022
    At 02:30 PM
    Present: None for appellant.
    Sh. S.K. Kain, Ld. Addl. PP for the State/Respondent No. 1.
    Sh. Aneesh Sadhwani, Ld. Counsel for Respondent No. 2.
    No one has appeared on behalf of appellant despite repeated
    calls.
    Accordingly, Issue BWs against the appellant in the sum of Rs.
    5,000/ and notice to his surety, returnable for 15.10.2022.
    (Harjyot Singh Bhalla)
    ASJ04/NDD/PHC/ND
    20.09.2022
    -- 1 of 1 --
    Order 2
    19 Apr 2022
    Order Details: COPY OF ORDER
    Pdf Text: IN THE COURT OF SHRI ANIL ANTIL; ASJ 04, PHC, NEW
    DELHI
    CA No. 15/2022
    u/s 138 N.I. Act
    Mahavir Prasad Mishra Vs. The State & Ors
    19.04.2022
    Present : Sh. Shripal Upadhyay learned counsel for the
    appellant/convict.
    Sh. S.K. Kain, learned Addl. PP for the State/ respondent
    no. 1.
    Ms. Ayushi Kumar, learned counsel for Respondent no. 2.
    Learned counsel for the respondent no. 2 undertakes to file
    memo of appearance/vakalatnama during the course of the day.
    Learned counsel further submitted that he has not received
    the copies of the respective appeals.
    Appellant is directed to supply the copy of the same to the
    opposite counsel within two days from today and in addition to that
    copy of the same be also supplied through e mail.
    E mails have been exchanged between the counsels Reply, if
    any, be filed within six weeks from today with advance copy to the
    opposite side..
    Re notify for arguments/consideration on 01.08.2022 at 12.00
    noon
    TCR be requisitioned from the learned trial court one day prior
    to the NDOH.
    (Anil Antil )
    Addl. Sessions Judge-04,
    -- 1 of 2 --
    New Delhi District, Patiala House Courts
    New Delhi/19.04.2022
    -- 2 of 2 --
    Order 1Full order available
    22 Jan 2022

    Order Details: COPY OF ORDER Pdf Text: IN THE COURT OF SHRI ANIL ANTIL; ASJ 04, PHC, NEW DELHI CA No. 15 to 22 of 2022 ( 19 Appeals ) CC no. /2019 u/s 138 N.I. Act Mahavir Prasad Mishra Vs. The State & Ors 22.01.2022 Matter taken up through Video Conferencing pursuant to the Notification / Order No. 896/RG/DHC/2021 dated 30.12.2021 and 1/RG/DHC/2022 dated 12.01.2022 recently issued by the Hon’ble High Court of Delhi in view of the sudden…

    Read Full Order

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